Case law

Burns v. Hines

District Court, S.D. New York · Mar 29, 2023

] the states’ Eleventh Amendment immunity . . . .” … Burns’ assertions are clearly based on conduct that took place years ago.

Times Newspapers of Great Britain, Inc. v. Central Intelligence Agency

539 F. Supp. 678 · District Court, S.D. New York · May 28, 1982

The National Security Agency Act of 1959, Public Law 86-36, Section 6 . 2 To qualify for exemption under the National Security Agency Act, the *685 agency must show: (1) that the requested documents concern a specific NSA … Section 552(b)(6) — The Exemption for Personnel, Medical and “Similar” Files Section 552(b)(6) exempts from disclosure “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted

In re: Drew Smith

District Court, S.D. New York · Jan 6, 2026

The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … The burden of establishing standing to sue rests with the party bringing the action. Id.

C.T. Shipping, Ltd. v. DMI (U.S.A.) Ltd.

774 F. Supp. 146 · District Court, S.D. New York · Sep 6, 1991

To support such a finding, the arbitrators’ error “must have been obvious and readily and instantly perceived by the average person qualified to serve as an arbitrator.” Id. … Under clearly controlling Second Circuit precedent, a right to indemnity includes a right to recover attorneys’ fees incurred in establishing the indemnified claim.

Askins v. Prestige Management Inc.

District Court, S.D. New York · May 27, 2025

The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … Hous., Inc., No. 10-CV-9505 (ER), 2012 WL 2512964, at *4 (S.D.N.Y June 29, 2012) (“Tt is well established that the provision of low-cost supportive housing 1s not a ‘public function’ within the meaning of section 1983.”

Bergquist v. Aetna U.S. Healthcare

289 F. Supp. 2d 400 · District Court, S.D. New York · Oct 28, 2003

Healthcare) seeking managed disability benefits under a long-term disability benefit plan established and maintained by Bergquist’s former employer, Bell Atlantic Mobile, Inc. (“BAM”). … It is clearly within this Court’s discretion to grant Aetna leave to amend after only a few months.

Torres v. St. Vincent dePaul Residence

District Court, S.D. New York · Apr 3, 2023

To qualify as “acting under” a federal officer, a party must have been involved in “an effort to assist, or to help carry out, the duties or tasks of the federal superior.” Watson v. … For most claims pursuant to that declaration, “the PREP Act establishes a Covered Countermeasure Process Fund to compensate ‘eligible individuals for covered injuries directly caused by the administration or use of a covered

Craven v. City Of New York

District Court, S.D. New York · May 28, 2020

immunity, see Defs.’ … Qualified immunity “shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Dollah

District Court, S.D. New York · Apr 10, 2026

Brown, 22 F.3d 516, 520 (2d Cir. 1994) (“[T]he APA does not waive sovereign immunity for money damages claims.”). … Here, Congress has established that the Secretary of the Navy “may accept original enlistments . . . of qualified, effective, and able-bodied persons who are not...

Hallingby Ex Rel. Estate of Hallingby v. Hallingby

541 F. Supp. 2d 591 · District Court, S.D. New York · Mar 26, 2008

. § 1002 , ERISA applies broadly to “any plan, fund or program ... established or maintained by an employer” that “provides retirement income to employees.” … According to Harrison, the Annuities clearly fall within the scope of this definition, as they were established by Paul Hallingby’s employer, Merrill Lynch, in order to provide employee retirement income.

Afran Transport Company v. United States

309 F. Supp. 650 · District Court, S.D. New York · Aug 26, 1969

Moreover, defendant’s contention that the pilot should have made continual fixes of his position should be viewed in the light of its statement in its reply brief directed, of course, to the clearly established failure of … This is often so when subsequent knowledge of what might have prevented disaster tends to qualify the inquiry as to the prior duty to avert it.”

Compagnie Francaise d'Assurance Pour le Commerce Exterieur v. Phillips Petroleum Co.

79 A.L.R. Fed. 763 · District Court, S.D. New York · Dec 10, 1984

Under Rule 26(b)(3), three conditions must be satisfied in order to establish work product protection. … The work product immunity generally “extends only to those documents prepared in anticipation of litigation,” Garfinkle v.

King

District Court, S.D. New York · Nov 18, 2025

When assessing the adequacy of a privilege log, a court must determine whether each element of the privilege or immunity that is claimed has been met. Id. (citing Norton v. … While general regulatory advice may not qualify for work-product protection since such documents would be prepared in the ordinary course of business, see Durling v.

City of Perry v. Procter & Gamble Co.

188 F. Supp. 3d 276 · District Court, S.D. New York · May 19, 2016

Nor does the fact that other waste may be partially responsible for the clogs necessarily immunize each Defendants from liability for the contribution to the harm that its own products may have made. … Such statements qualify as express war *289 ranties, which are “affirmation[s] of fact, promise, or description related to the goods [made] to the buyer of the goods.” Sec.

Thomas v. Astrue

674 F. Supp. 2d 507 · District Court, S.D. New York · Dec 9, 2009

By logic, and without even considering the substantiated rift in plaintiffs relationship with her ex-husband, the test clearly and convincingly excludes the ex-husband by establishing a 99.69% probability that Thomas was … Where DNA evidence can be obtained without exhumation, however, the prohibition against posthumous genetic testing under § 4-1.2(a)(2)(D) has been less clearly established.

Pinkham

District Court, S.D. New York · Feb 17, 2026

Accordingly, the Court also need not reach Defendants’ alternative argument that they are entitled to qualified immunity. See Pearson v. … In any event, for substantially the reasons discussed above, Defendants would be entitled to qualified immunity because, at a minimum, arguable probable cause existed. See Figueroa v.

DISTRICT 65, UAW v. Harper & Row Publishers, Inc.

696 F. Supp. 29 · District Court, S.D. New York · Sep 29, 1988

(ii) The rate used by the insurer in the qualifying bid under which the plan administrator will purchase annuities not being paid as a lump sum. … Defendants do not dispute this, but point to 29 C.F.R. § 2619.26 , which clearly provides that the use of certain interest rates not available to small investors over long periods is “normally” reasonable.

Lopez

District Court, S.D. New York · Apr 13, 2026

This Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … Because Plaintiff does not specify the nature of her disabilities, or how they limit her daily activities, she has not established that the accommodations she requested—a “memory aid” while touring shelters,

Richardson v. The National Basketball Association

District Court, S.D. New York · Aug 18, 2025

Risch believes that the spread of infection is inevitable and post- infection natural immunity is a public good. … Relying on published studies, he concludes that post- infection immunity reduced the risk of reinfection and of severe disease. Dr.

United States v. The Ambrose Light

25 F. 408 · District Court, S.D. New York · Sep 30, 1885

“No doctrine is better established, ” says Story, J., in Gelston v. … Perels, which clearly include cases like the present. .Manning, Int.